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Terms and Conditions

General Terms and Conditions of Sale, in force from 20/06/2023.

PREAMBLE

 

This notice is provided for the website https://evolutionbikes.it/ (Website).

 

Seller details: Bikilia S.r.l. - STRADA STATALE 85 Venafrana 230, 86079 Venafro IS

Art. 1 Scope of application

 

1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Website.

 

1.2 Where the Website makes this possible, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to Article 3, paragraph I, letter a) of the Consumer Code (Legislative Decree No. 206 of September 6, 2005). Please note that a Consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or craft activity they may carry out. If, on the other hand, the option is provided to enter a VAT number (yours or that of a legal entity), this implies a purchase as a "Professional", pursuant to Article 3, paragraph I, letter c) of the Consumer Code. A Professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, craft, or professional activity, or their intermediary. The implications of purchasing as a Consumer rather than as a Professional will be described below in this document.

 

1.3 The stated periods are to be understood as business days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Website are merely indicative. Colors may differ from the actual ones due to the settings of the computer systems or computers you use to view them. 

 

1.4 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will take effect upon their publication on the Website. You are therefore invited to access the Website regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

 

1.5 The General Terms and Conditions of Sale applicable are those in force on the date the purchase order is sent.

 

1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site via links, banners or other hypertext links. Before entering into commercial transactions with such parties, you must verify their terms of sale. The Seller is not responsible for the provision of services and/or sale of products by such parties. The Seller does not carry out any control and/or monitoring of the websites accessible through such links. The Seller is therefore not responsible for the content of such websites or for any errors and/or omissions and/or violations of the law by them.

 

1.7 You are required to read these General Terms and Conditions of Sale carefully, as well as all other information provided by the Seller on the Site, including during the purchase procedure.

 

1.8 The Seller shall in no event be liable to you or third parties for any indirect, incidental, special or consequential damage. This includes, by way of example, any loss of profit or other indirect loss resulting from use of the Site or inability to use it. The Seller cannot guarantee or represent: (i) that the Site is free of viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete and up to date.

 

1.9 Unless otherwise agreed with the Seller, orders cannot be placed by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

 

1.10 All elements of the Site are the property of the Seller or third parties. Unless specifically authorised in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or part of the content of the Site. 

 

Art. 2 Purchases on the Site

 

2.1 To make purchases on the Site, you must follow the procedure provided on the Site itself, entering the information requested from time to time. The sales contract is concluded when the order reaches the Seller's server.

 

2.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or improper disclosure of any information entered by you on the Site. 

 

2.3 You guarantee that the personal information provided is complete and truthful and undertake to indemnify and hold the Seller harmless from any damage, compensation liability and/or penalty arising from and/or in any way connected with the breach of this undertaking. You undertake to inform the Seller immediately if you suspect or become aware of any improper use or improper disclosure of the access credentials to the Site.

 

2.4 The Seller reserves the right to reject orders from users who have previously violated these General Terms and Conditions of Sale or any statutory provision.

 

2.5 It is not necessary to accept these General Terms and Conditions of Sale to place orders on the Site. In any event, submitting the purchase order constitutes acceptance of this document.

 

2.6 The Seller is the user's sole counterparty when the user intends to purchase one or more products through the Site and is therefore (i) the party to whom the user submits their order in order to accept the offer and conclude the sales contract; (ii) the party that assumes the pre-contractual obligations arising from the offer toward the user; (iii) the party that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.

 

2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to operate under its trade name. Therefore, when the Seller's trade name or the first-person plural ("We") is used on the Site and/or in communications with customers relating to the Site, the reference shall be understood to include both the Site and the Seller.

 

2.8 The Seller does not guarantee that the Site will be constantly functioning and operational. Updates to the CMS platform may in fact occur, which could entail a temporary suspension of the service. The Seller accepts no liability of any kind for any prejudice or damage that the user may suffer as a result of this circumstance.

 

2.9 After the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller details; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any additional costs; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.

 

2.10 The colors of the Products shown on the Site are indicative and may depend on the resolution of the device used by the user. The Seller accepts no responsibility if the color of the Product differs from what the user expected. Users are invited to contact the Seller in case of doubts about the color of one or more Products shown on the Site.

 

Art. 3 Product Availability

 

3.1 The Products offered on the Site are available in limited quantities. Therefore, also due to the possibility that multiple users may purchase the same Product simultaneously, the Product ordered may no longer be available after the purchase order has been submitted.

 

3.2 Information on the availability of the Products is provided on the Site. The availability of the Products is continuously monitored and updated. However, since the Site may be visited by multiple users simultaneously, it may happen that several users purchase the same Product at the same time. In such cases, the Product may therefore appear to be available for a brief period, when it is actually out of stock or not immediately available and it is necessary to wait for restocking.

 

3.3 You will be informed if the Product ordered is unavailable. In this case, you will be entitled to terminate the purchase contract. In any event, please note that before you request termination of the contract, the Seller reserves the right to implement these measures:

  • If restocking is possible, an extension of the delivery period offered by the Seller, indicating the new delivery date.

 

3.4 If a refund is requested for the amount paid for the purchase of Products that subsequently proved to be unavailable, the Seller will issue the refund within a maximum of 2 days. 

 

3.5 If you exercise your right to terminate, the contract will be terminated. If payment of the Total Amount Due, consisting of the price of the Product, shipping costs, where applicable, and any other additional costs, as shown in the order (Total Amount Due), has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the “Payment methods” article infra.

 

Art. 4 Prices

 

4.1 The prices on the Site include VAT.

 

4.2 In addition, the prices on the Site do not include the WEEE contribution, since the Products sold are not subject to the relevant regulations.

 

4.3 The Seller reserves the right to change the price of the Products at any time without prior notice, it being understood that the price charged to you will be the price indicated on the Site when the order is placed and that any changes (increases or decreases) made after its submission will not be taken into account.

 

4.4 You are responsible for the shipping costs of the Products, unless otherwise specified.

 

4.5 The Seller will ship the Products only after receiving confirmation that payment has been authorized or that the Total Amount Due has been credited. Ownership of the Products will be transferred to you upon shipment, understood as the moment the Product is handed over to the carrier. The risk of loss of or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you other than the carrier, takes physical possession of the Products.

 

4.6 The purchase contract is subject to termination in the event of non-payment of the Total Amount Due. Unless otherwise agreed with you in writing, the order will consequently be canceled.

 

4.7 If there is an error in the price of the Product indicated on the Website, the Seller reserves the right to communicate the correct price to the customer even after the purchase order has been concluded. In this scenario, the customer may accept the new price or terminate the purchase contract. The Seller may also cancel the purchase contract for the Product in these cases. The Seller may also cancel the sale if there is an error regarding the availability of the Product.

 

Art. 5 Payment methods

 

5.1 This article describes the payment methods available on the Website. In any event, the user may contact the Seller for further information.

 

5.2 On the Website, you may purchase using payment cards. The charge will be made only after (i) the details of the payment card used for payment have been verified and (ii) the issuer of the payment card you used has authorized the charge. Pursuant to Directive 2015/2366/EU on payment services in the internal market (PSD2), users are informed that they may be required to complete the purchase process by meeting the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria concern the user's identity (to satisfy this criterion, the user must be registered on the Website at the time of purchase) and simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Website. Confidential payment card details (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. Therefore, the Seller never has access to and does not store, even if you choose to save such details on the Website, the details of the payment card you used to pay for the Products. The payment cards accepted may be viewed in the footer of the Website and/or during the purchase process.

 

  • Visa.
  • MasterCard.
  • American Express.
  • ApplePay.
  • Shopify Payments.
  • Google Pay.
  • Maestro.
  • UnionPay.

 

5.3 Payments can be made on the Website by bank transfer. The bank details are displayed on the Website. If payment is not made within 3 calendar days, the Seller reserves the right to cancel the purchase order.

 

5.4 Cash on delivery is not available on the Website, unless otherwise agreed with the Seller.

 

5.5 On the Website, you can complete your purchase by entering discount codes, coupons, or vouchers. If the value of the discount code is lower than the order value, the remaining amount may be paid using the payment methods available on the Website. Each discount code may be used for only one purchase. Under no circumstances may discount vouchers be converted into cash.

 5.6 Any alternative methods other than those indicated above are or will be described in this article.

Purchases can also be made on the Website using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to www.paypal.it, where you will make the payment according to the procedure provided and governed by PayPal and the contractual terms and conditions agreed between you and PayPal. The data entered on PayPal's website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore unable to access and does not in any way store the details of the payment card linked to your PayPal account or the details of any other payment instrument connected to that account.

Purchases can also be made on the Website using the financing at a 0% TAN and APR offered by Deutsche Bank in partnership with Scalapay. With Deutsche Bank, you can finance the entire amount for the purchased item. Financing can range from 10 to 20 months for amounts from €1,500 to €15,000. Approval takes a few hours, and the first payment installment will be charged after 30 days. The terms of use of this service are governed directly by Deutsche Bank. Further information is available at www.dbeasy.it.

On the Website, it is possible to make payments using the "PayPal Later" payment service. This allows you to pay for the Service in 3 interest-free installments. The terms of use of this service are governed directly by PayPal. Further information is available at www.paypal.com.

Purchases can also be made on the Website using HeyLight's installment payment solution. This service is provided by Compass Banca S.p.A., sole shareholder and subject to the management and coordination of Mediobanca S.p.A., Mediobanca VAT Group P.I. HeyLight offers deferred payment in 20 monthly installments, without interest, for purchases from €400 to €5,000. Debit from a current account or credit or debit card (prepaid cards are not accepted). With HeyLight, you purchase what you want and pay a little at a time without interest; the first installment is due after 30 days. Approval of the deferred payment request is subject to the outcome of checks by Compass Banca S.p.A. Further information is available at https://heylight.com/

Purchases can also be made on the Website using the deferred payment service Scalapay 3 rates, which allows immediate availability of the product and payment in 3 equal installments, from a minimum of €5 up to a maximum of €2,000. The service has no additional costs if the amounts are paid by the due date; for all terms and conditions, please refer to www.scalapay.com.

 

5.7 Pursuant to Legislative Decree No. 26 of 7 March 2023, the prices published on the Website have not been personalized on the basis of automated decision-making. The prices displayed on the Website are therefore not influenced by the consumer's previous behavior.

 

5.8 When a price reduction is applied, for technical reasons the Website cannot indicate the lowest price applied to consumers generally in the 30 days preceding the application of the price reduction. For more information about price modification policies, you are invited to contact the Seller using the contact details indicated in the Introduction.

 

5.9 If, for any reason, the Seller should issue any type of refund to you for the purchase of one or more Products, the Seller will issue the refund using the same payment method used by the user. Any delays in the refund may depend on the bank, the type of credit card, or the payment solution used.

 

Art. 6 Delivery of the Products

 

6.1 Delivery of the Products is available in: Europe. The user may contact the Seller at any time for further information regarding delivery of the Products; for example, to find out whether delivery is available to countries other than those indicated on the Website.

 

6.2 The delivery obligation is fulfilled by transferring the material availability or, in any event, control of the Product to you.

 

6.3 Delivery time for the Products from submission of the order: after 5/6 business days.

 

6.4 The period indicated in Article 6.3 is intended as an estimate and is not binding. The Seller therefore reserves the right to deliver the Products within 30 days of sending the order. You are responsible for checking the condition of the delivered Product. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, undamaged, and neither wet nor otherwise altered, including its sealing materials. In your own interest, you are invited to note any anomalies on the carrier’s transport document, accepting the package subject to inspection. If the packaging shows clear signs of tampering or alteration, you should promptly notify the Seller. 

 

6.5 With regard to the possibility of requesting delivery of the Products to a “pickup point,” the Seller informs you that the Website does not offer the option of collecting the Product from a “pickup point” other than the address you provided during the purchase process. You are nevertheless invited to access the Website regularly to check whether this delivery option subsequently becomes available on the Website.

 

6.6 You may choose Store Pickup as the delivery method. If you choose Store Pickup, you may collect the purchased Product from the store (“Store”) you selected from among those indicated on the Website as available for pickup, if any. As soon as the Product is ready for pickup, the Seller will inform you accordingly. The Product may be collected during the Store’s opening hours and on its opening days. To collect the Product, you or your delegate must provide the Store staff with suitable documentation proving the purchase.

 

Art. 7 Right of withdrawal

 

7.1 You are invited to read this article carefully, as it governs the right of withdrawal and its exclusions.

7.2 The right of withdrawal is the Consumer's right to terminate the purchase contract without being required to provide a reason. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 shall apply in full.

  • For subsequent purchases, You are invited to review this article to check whether any exclusions to the right of withdrawal apply. These may, for example, apply following an explicit declaration waiving the relevant right if You choose to purchase a Product by instalment payment through dedicated financing.

7.3 If You are a Consumer (and if none of the exceptions provided for in this article apply), You have the right to withdraw from the purchase contract for the Product without providing any reason and without incurring costs other than those set out in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

  • in the case of an order for a single Product, from the day on which You or a third party, other than the carrier and designated by You, acquires physical possession of the Product;
  • in the case of a Multiple Order with separate deliveries, from the day on which You or a third party, other than the carrier and designated by You, acquires physical possession of the last Product; or
  • in the case of an order for the delivery of a Product consisting of multiple batches or pieces, from the day on which You or a third party, other than the carrier and designated by You, acquires physical possession of the last batch or piece.

Although a Consumer, the Customer unconditionally waives the right of withdrawal in the case of an online order for custom-made Products or if they choose to purchase by instalment payment or through dedicated financing, thereby knowingly declaring that they waive their right to reconsider. The waiver declaration will be appropriately highlighted to the Customer during the purchase completion process, in the “payment methods” section, when they select one of the payment methods that results in their declaration waiving the right of withdrawal.   

7.4 To exercise the right of withdrawal, You must inform the Seller of Your decision to withdraw before the Withdrawal Period expires. To do so, You may write to the Seller using the contact details indicated in the Introduction, or use the contact form that may be available on the Website. You have exercised Your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by You before the Withdrawal Period expires.

7.5 Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Consumer, as shall responsibility for their transport. In the event that the right of withdrawal is exercised, the Product must be delivered to the Seller's premises or to another address communicated by the Seller. 

7.6 If the right of withdrawal applies, the Seller shall refund the Total Amount Due, including delivery costs, where applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund shall be made using the same payment method used for the initial transaction. If the Products were shipped using a carrier chosen and paid for by the Consumer, the Seller may suspend the refund until it receives the Products or until the Consumer demonstrates that the Products have been reshipped, whichever is earlier.

7.7 The Consumer shall be liable only for any reduction in the value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must nevertheless be kept, handled and inspected with ordinary care and returned intact, complete in every part, in perfect working order, together with all accessories and information leaflets, with the identification tags, labels and single-use seal, where present, still attached to the Product and intact and untampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. The right of withdrawal also applies to the Product as a whole. It therefore cannot be exercised in relation to individual parts and/or accessories of the Product.

7.8 If the Product for which the right of withdrawal has been exercised has undergone a reduction in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund an amount equal to such reduction in value. The Seller shall notify the Customer of this circumstance and the resulting reduced refund amount and, if the refund has already been paid, shall provide the bank details for payment of the amount owed by the user due to the reduction in value of the Product. If the right of withdrawal has not been exercised in accordance with the applicable legislation, it shall not result in termination of the contract and, consequently, shall not entitle the Customer to any refund. 

7.9 This article governs a very important matter relating to return costs in the event of withdrawal. In light of the above, the Seller considers it appropriate to point out that the costs of returning the Product shall be borne by and be the responsibility of the Customer.

The Products must be returned to the address indicated in the "Seller Details" section in the Introduction or to the address communicated by the Seller from time to time.

For the general conditions regarding the returns policy, please refer to the page https://evolutionbikes.it/pages/condizioni-generali

 

Art. 8 Legal Warranty of Conformity

 

8.1 The Legal Warranty of Conformity is reserved for Consumers. It therefore applies only to users who made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity they may carry out.

 

8.2 The Seller shall be liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years of delivery. The action to enforce claims for defects not fraudulently concealed by the Seller shall, in any event, be time-barred twenty-six months from delivery of the goods. For refurbished/used products, you accept that the legal warranty of conformity provided for by the Consumer Code shall be 12 months. Your consent is expressed by accepting these General Terms and Conditions of Sale. This provision applies only if you made the purchase as a Consumer.

 

8.3 Unless proven otherwise, defects in conformity that become apparent within twelve months of delivery of the Product are presumed to have existed on that date, unless this presumption is incompatible with the nature of the Product or the nature of the lack of conformity. From the twelfth month following delivery of the Product, it shall instead be the Consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.

 

8.4 In the event of a lack of conformity of the goods, the Consumer is entitled to have conformity restored, to receive a proportionate reduction in the price, or to terminate the contract on the basis of the conditions set out in Article 135-bis et seq. of the Consumer Code.

 

8.5 The Seller shall not be liable for damage of any kind arising from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, or for damage arising from unforeseeable circumstances or force majeure.

 

8.6 If you made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal warranty is governed by Articles 1490 et seq. of the Italian Civil Code; in particular, the period for reporting any defects is 8 days from discovery, and the action is time-barred after 1 year from delivery.

 

Art. 9 Manufacturer’s Warranty

 

The Manufacturer’s Warranty is an additional warranty to the Legal Guarantee of Conformity that may be provided by the Seller for the Products. Depending on their nature, Products sold on the Site may be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You may assert this warranty only against the manufacturer. The duration, scope, including territorial scope, conditions and procedures for use, types of damage/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, prejudice, or exclude the Legal Guarantee.

 

Art. 10 Applicable law and jurisdiction; out-of-court dispute resolution - Alternative Dispute Resolution/Online Dispute Resolution

 

10.1 Purchase contracts concluded through the Site are governed by the provisions of these General Terms and Conditions of Sale and, for matters not covered herein, by the Italian Consumer Code.

 

10.2 Please note that, in the case of a Consumer user, for any dispute relating to the application, performance, and interpretation of this document, jurisdiction lies with the court of the place where the user resides or has elected domicile. In the case of a professional user, for any dispute relating to the application, performance, and interpretation of this document, jurisdiction instead lies with the court in the place where the Seller has its registered office, pursuant to the provisions set out in the Introduction.

 

10.3 The Seller informs users who qualify as Consumers that, if they have submitted a complaint directly to the Seller but it has not been possible to resolve the resulting dispute, the Seller will provide information about the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to use such bodies to resolve the dispute.

 

10.4 The Seller also informs users who qualify as Consumers that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be accessed at the following address http://ec.europa.eu/consumers/odrThrough the ODR platform, the Consumer user can consult the list of ADR bodies, find the link to each body’s website, and initiate an online dispute resolution procedure for a dispute in which they are involved.

 

10.5 In any event, the Consumer user's right to bring proceedings before the competent ordinary court for a dispute arising from these General Terms and Conditions of Sale shall remain unaffected, regardless of the outcome of the out-of-court dispute resolution procedure concerning consumer relationships through the procedures referred to in Part V, Title II-bis of the Consumer Code.

Users residing in a European Union member state other than Italy may also access, for any dispute relating to the application, performance, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed EUR 5,000.00, excluding interest, rights, and costs. The text of the regulation is available on the website http://www.eur-lex.europa.eu.

 

Art. 11 Customer service

 

11.1 It is possible to request information, send communications, request assistance, or submit complaints by contacting the Seller at the contact details indicated in the Preamble, or by using the contact form that may be available on the Website.

 

11.2 The Seller responds within an approximate time of 1 day.

 

Art. 12 Reviews

 

12.1 Pursuant to Legislative Decree No. 26 of 7 March 2023, the Website allows users to publish reviews. The Seller guarantees that the published reviews come from consumers who have actually purchased or used the Product. This is because, after making a purchase on the Website, the user receives an email inviting them to publish their review on the Website. Therefore, since the email is received only after purchase, it is reasonable to assume that the related review can be attributed to a genuine purchasing experience on the Website by the user. Some of the reviews published on the Website may have been solicited, for example by sending a discount voucher. In such cases, this circumstance is duly indicated in the solicited review. In addition, reviews originating from sponsorships or a relationship with a professional (e.g. influencer) may be published; this circumstance is also duly disclosed in the relevant review.

 

12.2 The tool for publishing reviews is TrustedShops, provided by Trusted Shops AG. For more information about this tool, please visit www.business.trustedshops.com.

 

Art. 13 Miscellaneous

 

13.1 This document governs the relationship between you and the Seller in its entirety. In any event, the rights and obligations provided for by the applicable law from time to time shall remain unaffected.